Auction Direct Terms of Service

Effective date: 2026-11-07 · Version 3

These Terms of Service ("Terms") are an agreement between you and Auction Direct, Inc., a California corporation ("Auction Direct", "we", "us"). They cover your use of auctiondirectnetwork.com, the Auction Direct mobile apps, and every related service (together, the "Platform").

Please read Section 15, "Disputes with Auction Direct." It requires any claim you have against Auction Direct to be resolved individually in private arbitration, not in court or in a class action, and it explains how to opt out. Auction Direct does not arbitrate disputes between buyers and sellers.

By creating an account, bidding, listing a vehicle, or otherwise using the Platform, you agree to these Terms and to the documents they include:

the Privacy Notice
the Vehicle Condition Disclaimer
the Title and Documentation Policy

1. What Auction Direct is, and what it is not

1.1 A venue only. Auction Direct runs an online venue where registered users list vehicles and other registered users bid on them or make offers. Every vehicle listed is offered by the user who listed it (the "Seller"), not by Auction Direct.

1.2 Not a party to any sale. Auction Direct does not own, buy, sell, exchange, or take title to any vehicle listed on the Platform, and does not negotiate sales on anyone's behalf. Every sale is a contract only between the Seller and the winning buyer (the "Buyer").

1.3 Not a dealer, broker, auctioneer, or agent. Auction Direct is not acting as a motor vehicle dealer, broker, or traditional auctioneer, and is not the agent of any Buyer or Seller, except in the limited ways stated in Section 9 for Dealer Auctions and Licensed Seller sales.

1.4 No inspection. Auction Direct does not inspect, test, or verify vehicles. It does not guarantee:

any listing, condition report, photo, audio recording, mileage, or title description
that any vehicle will sell
that any user will perform their obligations

1.5 Three ways vehicles are sold.

Auction Direct Marketplace: vehicles offered by private parties to all approved buyers. The Buyer pays the Seller directly (Section 6).
Licensed Seller sales: vehicles offered by licensed sellers, such as tow companies, commercial fundraisers, and charities. Public buyers see them in the same Marketplace list as private-party vehicles, and each vehicle is labelled "Private seller" or "Business seller". Payment for a Licensed Seller vehicle goes through Auction Direct, as in Dealer Auctions (Section 9.2). In these Terms, "Marketplace vehicle", "Marketplace sale", and "Marketplace listing" mean private-party vehicles only, even though Licensed Seller vehicles appear in the same list.
Dealer Auctions: vehicles offered by licensed dealers, available only to licensed dealers and other buyers Auction Direct approves for dealer access. Dealer Auctions keep their own terms (Section 9).

Where the Marketplace is available. Private-party Marketplace vehicles can currently be viewed, bid on, and bought only on the website, auctiondirectnetwork.com. They are not shown in the Auction Direct mobile apps. Licensed Seller vehicles and Dealer Auctions remain available in the apps.

2. Eligibility and accounts

2.1 You must be at least 18 years old and able to form a binding contract. Accounts are for individuals and businesses in the United States.

2.2 You must give accurate, current information and keep it up to date. You're responsible for everything done through your account and for keeping your login details secret. One person or business may hold only one account unless we agree otherwise in writing.

2.3 Approval and verification.

Auction Direct may require identity, business, license, or vehicle documents before you bid or list, and may approve or decline any account or listing in its discretion.
Approval means only that you met our requirements at the time. It is not an endorsement or a guarantee of anything about you.
Verification is done with reasonable care, but Auction Direct does not guarantee any user's identity, ownership, license, or honesty.

2.4 Account types.

Public account: can bid and buy in the Marketplace and Licensed Seller sales and, once verified as a seller, list vehicles in the Marketplace.
Licensed Seller: a tow company, commercial fundraiser, charity, or similar business approved to list in the Marketplace.
Licensed Dealer: a business holding a valid motor vehicle dealer license, approved for Dealer Auctions.
Approved representative: a person Auction Direct approves to bid or buy for a Licensed Dealer. Approved representatives are treated as Licensed Dealers under these Terms.

In these Terms, a "public buyer" is anyone who bids or buys through a Public account. Licensed Dealers, approved representatives, Licensed Sellers, and accounts Auction Direct has approved for dealer access are not public buyers.

3. Fees

3.1 Buyer fee. A Buyer who wins an auction, accepts a Buy Now price, or has an offer accepted owes Auction Direct a buyer fee. The fee is shown on the listing before you bid.

Every Buyer of a Marketplace vehicle pays the public buyer fee shown on the listing, including Licensed Dealers.
The buyer fee is earned when the sale is formed.
In the Marketplace, the buyer fee is charged automatically to your payment card on file when the auction ends, or when a Buy Now price or an offer is accepted. If the charge is declined, you must pay the buyer fee within the 48-hour payment window (Section 4.6). Your bidder deposit can be applied to the Marketplace buyer fee as described in Section 4.4.
Buyer fees are non-refundable. Auction Direct may, in its sole discretion, issue a courtesy refund, for example when a seller is found to have misrepresented a vehicle. A courtesy refund given once does not create a right to one in any other case.
The buyer fee is not credited toward any later purchase.

3.2 Seller fees.

Marketplace listing fee: $25 per listing. It is charged to the Seller's payment card on file when Auction Direct approves the listing, so a listing that is declined is never charged.
- It is non-refundable once the listing is approved, whether or not the vehicle sells.
- Auction Direct charges no commission when a Marketplace vehicle sells.
- Launch offer: the listing fee is waived for listings approved on or before December 31, 2026. Those listings are not charged the listing fee.
- Auction Direct may also waive or reduce the listing fee for other promotions. A waiver applies only to the listings and period stated in the offer.
Seller cancellation fee: a Seller who doesn't perform a sale is charged a cancellation fee equal to the buyer fee on that sale (Section 5.7).
Licensed Sellers are charged any seller fee Auction Direct shows before they list. Seller fees in Dealer Auctions are governed by Section 9.

3.3 Bidder deposit and non-payment fee. Public buyers must keep a refundable bidder deposit on file to bid on any vehicle, and a non-payment fee is charged after a default. See Section 4.

3.4 Other fees. Optional services, such as transportation and title services for Dealer Auctions and the title help service for Marketplace Sellers (Section 5.11), are priced when you choose them. The title help fee is billed by Auction Direct.

3.5 Changes. We may change fees, deposit amounts, and buying-power tiers with notice on the Platform. A change never applies to an auction that has already started, and never changes the amount of a deposit you have already paid.

3.6 Payment authorization. You authorize Auction Direct and its payment processor (currently Stripe) to charge your payment method for the deposits, fees, and charges you owe under these Terms, including the buyer fee charged automatically when an auction ends, the listing fee charged when a listing is approved, and any seller cancellation fee or non-payment fee. A card processing fee may be added to a card payment; it is shown before you pay. You agree not to dispute or reverse a valid charge.

4. Bidding, buying, and the refundable bidder deposit

4.1 Bids and acceptances are binding. A bid, a Buy Now acceptance, or an accepted offer is your binding commitment to buy the vehicle at that price, plus the buyer fee, on the terms of the listing. Only bid if you intend to complete the purchase. There is no re-trading: the winning price is the price, including at pickup (Section 6.4).

4.2 Refundable bidder deposit (public buyers).

A public buyer must have a refundable bidder deposit of at least $250 on file with Auction Direct before placing a bid, making an offer, or using Buy Now on any vehicle, private-party Marketplace vehicles and Licensed Seller vehicles alike. A Seller can't accept an offer from a public buyer whose deposit is below the amount required at that time; the Platform will say so and the offer stays unaccepted.
One deposit per account covers every vehicle you bid on. There is no per-car hold.
The deposit is the deposit amount shown at the time you pay it, currently $250 for one car at a time or $500 for unlimited.
Deposits paid under earlier terms (for example, $200) are below the current minimum. To keep bidding, top up your deposit to at least $250.
You pay, top up, and manage your deposit on the website, in your account under Deposit (auctiondirectnetwork.com/system/settings/marketplace/deposit).
The deposit is not a payment toward any vehicle unless you apply it (Section 4.4), and it earns no interest.
Licensed Dealers, approved representatives, and Licensed Sellers are not required to pay a bidder deposit (Section 9.5).

4.3 Buying-power tiers.

The deposit on file sets how many vehicles you may have at once. Each auction where you are the current high bidder, and each vehicle you have won but not yet paid for, counts as one.
The current tiers are: $250 deposit: 1 vehicle at a time. $500 deposit: unlimited.
When you reach your limit, you can't place another bid, offer, or Buy Now until a vehicle stops counting (you are outbid, or you pay for a vehicle you won) or you increase your deposit. You can move to a higher tier by adding to your deposit.
Auction Direct may change the tiers and amounts under Section 3.5.

4.4 Applying your deposit to a Marketplace buyer fee.

Your deposit can be applied only to the buyer fee on a private-party Marketplace vehicle. It can't be applied to the vehicle price, which you pay to the Seller directly, or to any amount in a Licensed Seller sale or a Dealer Auction.
You choose in advance, in your deposit settings, either to apply your deposit to Marketplace buyer fees or to keep it on file to keep bidding. Until you choose, it is kept on file.
Because the Marketplace buyer fee is charged automatically when the sale is formed (Section 3.1), your saved choice is used for that charge. If you pay a buyer fee yourself (for example, after a declined charge), you can make the choice at that time.
If your deposit is applied, the buyer fee charged to your card is reduced by the amount applied, up to the full fee (a small part of the fee may still be charged to your card where the payment processor requires a minimum charge).
A deposit you apply is used up. Your buying power drops to match your remaining deposit until you top it up.

4.5 Refund on request.

Any part of your deposit that hasn't been applied or forfeited is refundable on request, at any time, for any reason. You don't need to close your account. Use "Request refund" in your account settings. Refunds go back to the original payment method.
A refund is not available while any of these is true:
1. you have won a vehicle you haven't paid for yet;
2. you are the current high bidder in a live auction;
3. there is an open report against you (for example, a non-payment or misrepresentation report); or
4. your deposit has been forfeited (Section 4.8). A forfeited deposit is never refunded.
Effect of a refund: once you request a refund, you can't place new bids, offers, or Buy Now purchases until you cancel the request (while it hasn't been completed) or pay a deposit again. Bids you have already placed remain binding.

4.6 48 hours to pay (every sale on the Platform). A winning Buyer must pay within 48 hours after the sale is formed:

Marketplace: the buyer fee to Auction Direct (charged automatically, Section 3.1), and the vehicle price to the Seller at pickup (Section 6.1).
Licensed Seller sales and Dealer Auctions: the purchase price and all fees to Auction Direct (Section 9.2).

4.7 Default. A Buyer is in default if they:

don't pay the buyer fee or, in Licensed Seller sales, the amount owed to Auction Direct within the 48-hour payment window;
in a Marketplace sale, don't pay the Seller as required by Section 6.1;
back out of the purchase, or refuse to complete it at the winning price; or
try to renegotiate the price or the terms of the listing, including at pickup.

A non-payment the system detects (such as an unpaid buyer fee) is recorded automatically. When a Seller reports that a Buyer didn't pay or backed out, Auction Direct reviews the report, decides whether to confirm it, and notifies the Buyer.

4.8 Default by a public buyer: forfeiture and the non-payment fee. When a public buyer defaults, in a Marketplace sale or a Licensed Seller sale:

any buyer fee already paid is kept and is not refunded;
your whole bidder deposit on file is forfeited to Auction Direct as liquidated damages, whatever its amount (for example, all $500 on the $500 tier). The parties agree this is a reasonable estimate of Auction Direct's losses from a failed sale, which are hard to measure: lost buyer fees, relisting costs, and harm to Seller trust;
your account is partly blocked: you can't bid, make offers, or use Buy Now;
to lift the block, you must pay the non-payment fee shown on the Platform at that time (currently $250). The non-payment fee is a fee, not a deposit: it is not refundable, it does not restore your forfeited deposit, and it does not count as a new deposit; and
to bid again you must also pay a new bidder deposit (currently at least $250, Section 4.2). Resuming at the base tier therefore currently costs $500 in total: the $250 non-payment fee plus a new $250 deposit (plus any card processing fee shown when you pay).

The Seller is then released from the sale. Defaults by Licensed Dealers and approved representatives are handled under Sections 9.6 and 9.7, not this Section 4.8.

4.9 Second default: permanent ban. A second default by the same person or business results in permanent removal from the Platform, with no exceptions.

This automatic rule applies to Public accounts (public buyers and Marketplace Sellers). Defaults as a Buyer in private-party Marketplace sales (Section 4.7) and confirmed non-performance as a Marketplace Seller (Section 5.7) count together toward this limit.
It does not apply to Licensed Dealers or approved representatives. Their defaults, including on a Marketplace vehicle, and any default in a Dealer Auction, never count toward this limit (Sections 9.6 and 9.7).
Defaults in Licensed Seller sales are handled under Section 4.8 and are not counted automatically toward this limit.
A banned user may not open or use another account, directly or through anyone else.

4.10 After a default, Auction Direct may offer the vehicle to the next-highest bidder (a second-chance offer) or relist it. A bidder who accepts a second-chance offer pays their own buyer fee.

4.11 Discretionary suspension and bans. Separately from the automatic rules above, Auction Direct may suspend or permanently ban any account at its discretion (Section 8.2).

4.12 No test drives. Vehicles in the Marketplace are sold without test drives. Buyers rely only on the listing, photos, condition report, and engine audio, and their own judgment.

5. Listing vehicles (Sellers)

5.1 Seller verification (Marketplace, private parties). Before your first listing, you must provide:

a government-issued photo ID, and
the vehicle's title or registration, with a VIN matching the listing.

The name must match: either the owner name printed on the title or registration matches your ID, or the title has been signed off to the person named on your ID. Auction Direct staff review these documents by hand and use their judgment; approval is not a guarantee (Section 2.3).

If your title is lost or you are waiting on a duplicate, Auction Direct may accept your registration card while the duplicate is pending, and the listing must say "Title in process (duplicate requested)" (Title and Documentation Policy, Part A).

Licensed Sellers provide the business documents Auction Direct requests instead, such as lien-sale or donation paperwork.

5.2 Card on file. Marketplace Sellers must keep a valid payment card on file to list. It is used for the listing fee, any seller cancellation fee, and any title help fee.

5.3 Listing approval and the listing fee. Auction Direct reviews listings before they go live and may decline, edit for format, pause, or remove any listing. The listing fee (Section 3.2) is charged when the listing is approved, unless it is waived (for example, under the launch offer). If the charge fails, the listing is not approved until you update your card.

5.4 What you promise as a Seller. For every vehicle you list, you promise that:

you are the legal owner, or are legally authorized to sell it, and will deliver a transferable title or the documents required for the vehicle type, at pickup in a Marketplace sale;
every lien, loan, or other claim on the vehicle is disclosed in the listing;
the listing, condition report, photos, and engine audio are true, accurate, and complete, and show the actual vehicle;
you have disclosed every material fact you know of, including:
- salvage, rebuilt, flood, lemon, or other branded title
- odometer discrepancy or "not actual mileage" status
- frame or structural damage
- airbag deployment
- known mechanical defects
- warning lights
- whether you have the title now or it is in process
photos are not edited to hide defects (no filters, AI alteration, or retouching of damage);
the vehicle is not stolen, and the VIN has not been altered;
you will keep the vehicle available, in the condition described, until the sale is completed or the listing ends.

5.5 Only what's in writing counts. Only what appears in the listing, condition report, photos, and audio counts as disclosed. Anything said by phone, text, or in person before the sale is not part of the listing. Anything visible in the photos counts as disclosed.

5.6 No listing elsewhere while live. While a listing is live on Auction Direct, you may not sell the vehicle elsewhere or end the listing early, except as the Platform allows.

5.7 The Seller must honor the sale. If the reserve is met, or a Buy Now or offer is accepted, you must sell to the Buyer at that price. A Seller has not performed the sale if they:

back out, or don't produce or release the vehicle;
try to change the price or the terms of the listing; or
are found to have misrepresented the vehicle under Section 6.9.

When a Buyer reports Seller non-performance, Auction Direct reviews the report and decides whether to confirm it. If it is confirmed:

the Seller is charged a cancellation fee equal to the buyer fee on that sale, to the card on file;
the Seller receives a strike that counts toward the two-strike permanent ban (Section 4.9); and
Auction Direct may, in its sole discretion, give the Buyer a courtesy refund of the buyer fee (Section 3.1).

This Section 5.7 applies to private-party Marketplace listings. Licensed Seller and dealer listings are covered by Section 9 and Section 8.

5.8 Relaunches. An unsold Marketplace vehicle may be relaunched free, with no new listing fee, up to 3 times. After that, a relaunch goes back to Auction Direct for review and needs its approval.

5.9 Release of liability before pickup is completed. In a Marketplace sale, the Seller must file the DMV Notice of Transfer and Release of Liability (Section 6.3) and enter the confirmation number on the website before the Seller can mark the vehicle picked up.

5.10 Licence to listing content. You grant Auction Direct a non-exclusive, royalty-free license to use your listing content (photos, audio, descriptions) to operate and promote the Platform, including after the sale.

5.11 Title help service (optional). A Marketplace Seller who has no title, or has lost it, may ask Auction Direct for paid title help.

Auction Direct coordinates the paperwork, such as a duplicate title, through licensed registration services. Auction Direct is not the DMV and does not itself issue, hold, or take title to any vehicle.
The service is provided and billed by Auction Direct. The fee is set for your case (currently $75 to $300), quoted before you agree to it, and charged to your card on file when your vehicle sells.
Auction Direct does not guarantee that the DMV will issue a title, or when. The title help fee is not refunded if the DMV refuses or delays the title.
Using title help doesn't change the Seller's duty to hand over a clear, signed-off title at pickup (Section 6.5). See the Title and Documentation Policy, Section A6.

6. Completing a Marketplace sale

6.1 The Buyer pays the Seller directly. In a Marketplace (private-party) sale, the Buyer pays the vehicle price directly to the Seller at pickup, within 48 hours after the sale is formed unless the Seller offered or agrees to a later pickup time. Auction Direct does not receive, hold, or transfer the vehicle price and is not responsible for any payment between Buyer and Seller. Both parties are responsible for using a safe payment method and confirming funds before releasing the vehicle or title.

6.2 Contact details and pickup.

After the Buyer pays the buyer fee, Auction Direct shares the Seller's name, phone number, and pickup address with the Buyer, and the Buyer's name and phone number with the Seller.
Each party may use these details only to complete that sale.
The Seller offers pickup times. The Buyer chooses one, or the parties arrange another time directly.
Pickup is the Buyer's responsibility and cost unless the parties agree otherwise.

6.3 Seller's release of liability. When scheduling pickup, and in any case before the pickup is completed, the Seller must file the Notice of Transfer and Release of Liability (REG 138) with the DMV (online at dmv.ca.gov) and enter the confirmation number on the website. Uploading a screenshot is optional. Auction Direct sends reminders until this is done, and the Seller can't mark the vehicle picked up without it. The Seller remains responsible for meeting the DMV's own deadline.

If the sale is not completed after the Seller has filed, for example because the Buyer declines under Section 6.5 or 6.6 and Auction Direct confirms a misrepresentation, the Seller must correct the DMV record with the DMV so it no longer shows the transfer. Auction Direct can't change DMV records.

6.4 The price is final: no re-trading at pickup. The Buyer pays the winning price. Neither party may demand a price cut or new terms at pickup. The parties may agree to a different price only if both do so voluntarily; the buyer fee still stays at the amount based on the winning bid. Pressuring the other party to change the price is a default (Section 4.7) or Seller non-performance (Section 5.7).

6.5 When the Buyer may walk away at pickup. The Buyer may decline to complete the sale, with no strike, only for these obvious, on-the-spot problems:

It doesn't run as listed: the vehicle was listed as "runs and drives" but won't start or move.
Wrong vehicle: the VIN doesn't match the listing, or the odometer reading is materially different from the listing.
Title not as described: the title isn't what the listing described (for example, it was listed as clean but is salvage or branded, or a lien wasn't disclosed), or the Seller can't hand over a clean, clear, signed-off title. If the listing disclosed a branded title, that brand is not a problem; the title must still be free of undisclosed liens and properly signed off. Whether the Seller is the person named on the title doesn't matter, as long as the title is properly signed off.
No vehicle: the Seller doesn't produce or release the vehicle.

The Buyer must report the problem as described in Section 6.8.

6.6 Undisclosed frame, structural, or flood damage. If the Buyer finds frame, structural, or flood damage at pickup that the listing didn't disclose, the Buyer may report it with evidence under Section 6.8 and decline to complete the sale. If Auction Direct accepts the report, the Buyer receives no strike. Whether the Seller is charged a cancellation fee or receives a strike is decided by Auction Direct, case by case, at its discretion, because a Seller may not have known about earlier damage.

6.7 The Buyer's own due diligence. These are not reasons to walk away, and remain the Buyer's responsibility:

accident history (other than Section 6.6), and anything a vehicle history report would show;
wear and tear; and
anything visible in the photos or stated in the listing.

6.8 How to report a problem at pickup.

The Buyer must file a "Misrepresentation at pickup" report on the website before signing the bill of sale or taking possession of the vehicle, with photos or video taken at pickup (for example, the vehicle failing to start, the VIN plate, the odometer, or the title).
Once the Buyer signs the bill of sale and takes possession, the sale is final as far as Auction Direct is concerned, and no report can be filed.
Auction Direct confirms or dismisses the report at its discretion.

6.9 What happens after a report.

Confirmed: it is treated as Seller non-performance (Section 5.7). The Buyer receives no strike. Buyer fees are non-refundable, but Auction Direct may give a courtesy refund (Section 3.1).
Dismissed: the Buyer must complete the purchase at the winning price within the time Auction Direct sets, or it is a default (Section 4.7).

6.10 Bill of sale. Both parties sign the bill of sale on the website, after the buyer fee is paid and at or before pickup. Electronic signatures are binding (Section 17.2).

6.11 Paperwork is the parties' responsibility. The Buyer and Seller are responsible for the title transfer and all DMV requirements. Under California law this generally includes:

Seller: signs the title over, and files the Notice of Transfer and Release of Liability (REG 138) within 5 days. On Auction Direct, the Seller must file it before pickup is completed (Section 6.3).
Buyer: transfers the title and pays taxes and fees.
Both: complete the odometer disclosure where required.

Smog certification. Auction Direct does not require, check, or provide smog certificates, and is not responsible for whether a vehicle has one or can pass one. A Seller may list a vehicle without a smog certificate. Any smog obligation between Buyer and Seller is theirs alone.

Auction Direct may provide reminders and forms as a convenience. That is not legal advice, and Auction Direct is not responsible for completing any of it.

6.12 No dispute resolution between Buyers and Sellers.

Every vehicle on the Platform, in the Marketplace, Licensed Seller sales, and Dealer Auctions, is sold AS IS, buyer beware (see the Vehicle Condition Disclaimer).
Auction Direct reviews pickup reports (Sections 6.5–6.9) and non-payment and non-performance reports (Sections 4.7 and 5.7) only to decide its own fees, refunds, strikes, and account actions. That review does not decide any right between the Buyer and the Seller.
Otherwise, Auction Direct does not offer condition arbitration, guarantees, returns, refunds, or mediation for any sale, and is under no obligation to get involved in any disagreement between a Buyer and Seller.
Nothing in these Terms limits any right a Buyer or Seller has against the other under the law.

7. Prohibited conduct

You may not:

Bid on your own vehicle, or have anyone bid on it for you (shill bidding), or otherwise manipulate prices or auction results;
coordinate bids with other users;
take a sale off the Platform. You may not use contact information or listings found on the Platform to arrange a purchase or sale outside the Platform in order to avoid fees. If you do, you owe the buyer fee that would have applied;
list a vehicle you don't own or aren't authorized to sell, or misrepresent any vehicle;
use the Platform for fraud, money laundering, or to sell stolen vehicles or parts;
harass, threaten, or abuse other users or our staff;
scrape, copy, or collect data from the Platform by automated means, or interfere with its security or operation;
open a new account after being suspended or banned;
use the Platform in violation of any law.

8. Suspension and termination

8.1 Auction Direct may suspend or close any account, cancel bids, or remove listings at any time if it reasonably believes you have broken these Terms or the law, or put other users at risk.

8.2 Auction Direct may suspend or permanently ban any account at its discretion, including for misrepresentation, fraud, threats, or abuse. This is in addition to the automatic two-strike rule in Section 4.9. A banned user may not open or use another account, directly or through anyone else, and Auction Direct may keep the information needed to enforce a ban (see the Privacy Notice).

8.3 You may close your account at any time at auctiondirectnetwork.com/delete-account, after completing any pending sales and paying amounts owed. Any bidder deposit you are entitled to under Section 4.5 is refunded.

8.4 These sections continue after an account is closed: 3, 4.4–4.10, 5.4–5.5, 5.7, 5.9–5.10, 6, 7, 8.2, and 10–17.

9. Dealer Auctions (additional terms)

9.1 Who can take part. Dealer Auctions are open only to approved Licensed Dealers and to buyers Auction Direct approves for dealer access. You must keep your license and documents current.

9.2 Payment and title through Auction Direct.

In Dealer Auctions and Licensed Seller sales, the Buyer pays the purchase price and fees through Auction Direct's payment processor.
Auction Direct, as a limited payment agent for the Seller, may hold those funds and pay the Seller after the title requirements in the Title and Documentation Policy are met.
The Seller appoints Auction Direct as its limited agent to receive payment. Payment to Auction Direct satisfies the Buyer's obligation to the Seller for the amount paid.
Auction Direct is not an escrow agent, fiduciary, or trustee.

9.3 No condition arbitration. Dealer Auction vehicles are sold as is, like every other vehicle on the Platform (Section 6.12). Condition lights are explained in the Vehicle Condition Disclaimer and are not a guarantee. A Dealer Auction sale is final. The only exception is the one-time Late Title Notice in the Title and Documentation Policy.

9.4 Dealer listings. Licensed Dealers may list only in Dealer Auctions, not in the Marketplace.

9.5 Dealer Auctions keep their existing terms. The bidder deposit, buying-power tiers, deposit refund rules, listing fee, seller cancellation fee, and Marketplace pickup rules (Sections 3.2, 4.2–4.5, 4.8–4.9, 5.1–5.3, 5.7–5.9, 5.11, and 6) apply to the Marketplace and to public buyers. They do not change Dealer Auctions. Licensed Dealers and approved representatives don't pay a bidder deposit and have no buying-power limit, and their existing non-payment fee rules are unchanged.

9.6 Dealers buying Marketplace vehicles. A Licensed Dealer or approved representative who buys a private-party Marketplace vehicle (on the website, Section 1.5) follows the Marketplace rules for that purchase: the public buyer fee, the automatic buyer-fee charge, binding bids with no re-trading, and the pickup rules in Section 6. A default on that purchase (Section 4.7) is handled as in Dealer Auctions (Section 9.7): there is no deposit to forfeit, and it does not count toward the automatic two-strike permanent ban in Section 4.9.

9.7 Payment window and default in Dealer Auctions. The 48-hour payment window (Section 4.6) applies to Dealer Auctions. If a Buyer doesn't pay within it, Auction Direct may restrict the account until any non-payment fee shown on the Platform for that account is paid, may offer the vehicle to the next-highest bidder or relist it, and may act under Section 8. Defaults in Dealer Auctions, and defaults by Licensed Dealers and approved representatives, do not count toward the automatic two-strike rule in Section 4.9.

10. Vehicle condition, and no warranty from Auction Direct

THE PLATFORM AND ALL INFORMATION ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE." To the fullest extent the law allows, Auction Direct makes no warranty of any kind about:

any vehicle, including its condition, merchantability, fitness for a particular purpose, title, mileage, or emissions compliance
any listing or user
the Platform being uninterrupted or error-free

See the Vehicle Condition Disclaimer.

11. Disputes between users: release

Auction Direct is not responsible for any user's conduct. If you have a dispute with another user, you release Auction Direct and its owners, employees, and agents from all claims and damages arising out of or connected with that dispute.

California users waive Civil Code §1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

12. Limitation of liability

To the fullest extent the law allows:

Auction Direct is not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data.
Auction Direct's total liability for any claim relating to the Platform is limited to the greater of $100 or the fees you paid Auction Direct in the 12 months before the claim.

This doesn't limit liability that can't be limited by law, or your right to a refund of a bidder deposit under Section 4.5.

13. Indemnity

You agree to defend, indemnify, and hold harmless Auction Direct and its owners, employees, and agents against any claim, loss, or cost (including reasonable attorneys' fees) arising from:

your listings or vehicles
your purchases or sales
your breach of these Terms
your violation of law or of anyone's rights

14. Time limit for claims

Any claim against Auction Direct must be brought within one year after it arises, or it is permanently barred, where the law allows.

15. Disputes with Auction Direct

15.1 Informal resolution first.

Before starting arbitration, you or Auction Direct must send a written notice describing the dispute. Notices to Auction Direct go to support@auctiondirectnetwork.com.
The parties will try in good faith to resolve it for 30 days.

15.2 Arbitration.

Any dispute between you and Auction Direct arising from these Terms or the Platform will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, or its Commercial Rules for business users.
Arbitration will be in San Diego County, California, or by video, unless the parties agree otherwise.
Either party may instead bring an individual claim in small claims court.

15.3 No class actions.

Disputes are resolved only on an individual basis. Neither you nor Auction Direct may bring a claim as a plaintiff or class member in a class, collective, or representative action.
This does not prevent anyone from seeking public injunctive relief where the law requires it to be available.

15.4 Mass filings. If 25 or more similar arbitration demands are filed by or with the help of the same law firm or group, they will be administered in batches. The arbitrator decides a small first batch (bellwether cases) before the rest proceed.

15.5 Opt-out. You may opt out of this Section 15 by emailing support@auctiondirectnetwork.com within 30 days of first accepting these Terms, with your name, account email, and a clear statement that you opt out of arbitration.

15.6 This Section 15 covers only claims between you and Auction Direct. It does not create any process for disputes between Buyers and Sellers, which Auction Direct does not handle.

16. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any claim not subject to arbitration will be brought in the state or federal courts located in San Diego County, California.

17. Other terms

17.1 Changes.

Auction Direct may update these Terms. Material changes take effect after notice on the Platform or by email.
You may be asked to accept updated Terms before you continue bidding or listing.
Changes never apply to a sale already formed.

17.2 Electronic communications. You agree to receive notices and to sign electronically, and that electronic acceptance is as binding as a written signature.

17.3 California consumer notice (Civil Code §1789.3). The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs can be reached in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (916) 445-1254 or (800) 952-5210.

17.4 Other.

If any part of these Terms is unenforceable, the rest remains in effect.
Our failure to enforce a term is not a waiver.
You may not assign these Terms without our consent; we may assign them in connection with a merger or sale.
These Terms and the documents they include are the entire agreement on this subject.

17.5 Contact. Auction Direct, Inc., 455 Market St, Ste 1940 #446266, San Francisco, CA 94105 · support@auctiondirectnetwork.com · (619) 929-7347